Reine Alapini-Gansou

Activities as Commissioner

Special Rapporteur on the Situation of Human Rights
Defenders in Africa

Member of the Committee for the Protection of Persons Living
with HIV, Persons at Risk, Vulnerable to and Affected by HIV/AIDS

Member of the Working Group on the Rights of Older
Persons and Persons with Disabilities in Africa

Member of the Working Group on Communications

55th Ordinary Session

Luanda, from 28 April to 12 May 2014

INTRODUCTION

1.This
report has been prepared in accordance with Article 72 of the Rules of Procedure of the African Commission on Human
and Peoples’ Rights (the Commission) and
Resolutions ACHPRRes.69(XXXV) 04 of 4 June 2004
and ACHPR/ Res.248 (LIV) of 5 November 2013. It is divided
into two parts.

2.The
first part of the report reviews the activities undertaken in my capacity as
Member of the Commission, of the Committee for the Protection of PLWHA, Persons
at Risk, Vulnerable to and Those Affected by HIV /AIDS, Member of the
Working Group on Older Persons and Persons with Disabilities in Africa and
Member of the Working Group on Communications of the Commission.

3.The
report mainly presents the activities undertaken in my capacity as the Special
Rapporteur on the Situation of Human Rights Defenders in Africa since the 54th
Ordinary Session of the Commission held from 22 October to 5 November 2013 in
Banjul, The Gambia.

4.Finally,
the report briefly examines the situation of human rights defenders in Africa,
followed by some recommendations.

ACTIVITIES CONDUCTED IN MY
CAPACITY AS MEMBER OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’ RIGHTS

I.
ACTIVITIES CONDUCTED IN MY CAPACITY AS A MEMBER OF THE AFRICAN
COMMISSION

Ø Directorate of the Human Rights Component
of the African Union Mission to Mali and the Sahel, Bamako, November 2013 – April
2014.

5.During the
period under review, I continued to perform my duties as Head of the Human
Rights Component of the African Union Mission to Mali and the Sahel (MISAHEL).

6.Human
rights observers deployed in Mali carried out several activities, in particular
documenting cases of human rights violations, monitoring of the human rights
situation and the major ongoing court cases in Mali. They prepared two
quarterly observation reports.

7.The human
rights situation in Mali has somehow improved following the holding of
presidential and parliamentary elections in July 2013. There is hope that Mali is
gradually regaining its territorial integrity, although at the moment there are
still concerns about security and peace in the country. Efforts have been made by
the government especially in the area of restoring the authority of the State,
the gradual return of the administrative machinery, the appointment of civilian
administrators in the northern regions, the slow return of refugees and
internally displaced persons and the resumption of school activities in that
part of the country.

8.However,
there are still many human rights challenges in the country, in particular
regarding the security situation, since armed groups continue to operate in
Kidal, Gao and Timbuktu. Tensions continue to mount among the communities,
particularly in Gao between the Imrad and the Peul, and in Tumbuktu between the
Fulani and the Arabs.

9.Human
rights observers undertook monitoring missions to prisons as part of the monitoring
of ongoing court cases. In this regard, the observers noted the dilapidated
infrastructural facilities in the prisons in Bamako, prison overcrowding,
logistical and food supply challenges and lengthy pre-trial detention periods. In
the northern regions, decent penitentiary institutions no longer exist since
they were destroyed during the period of occupation. The resultant effect has
been the unauthorised extension of the detention period of prisoners who are
being detained in makeshift facilities as it is the case in Gao. Judicial authorities
are still absent from these regions, and the transfer of prisoners and
detainees to Sevare and Bamako is highly dependent on military convoys which
are always not available. Such a situation encourages long periods of custody.
In the Koulikoro prison, the observers noted a difference in detention conditions
between ICTR prisoners who enjoy certain facilities and Malian common law
prisoners.

10. Regarding the monitoring of ongoing court
cases in Mali, the authorities have to be commended for their willingness to
deal with the issue of impunity. The arrest of the Mujao Islamic Commissioner, Aliou
Mahamane Touré, coupled with the arrest and detention of officers and
non-commissioned officers of the Malian army, the alleged perpetrators of
abuses after the coup d’état of 22 March 2012 and the foiled counter-coup of 30
April 2012 as well as the mutiny at Kati on 30 September 2013, bears testimony
to this fact. While underscoring the freedom of action of the judges assigned to
these cases, the Observers called for respect for the principle of presumption
of innocence and the principles of fair
trial for the detainees (General Amadou Haya Sanogo and his fellow soldiers), the protection of the
rights of the victims to truth, reparation and rehabilitation of the memory of
people who were killed, summarily executed or disappeared and finally the
personal protection of the judges and the judicial personnel assigned to these
cases.

11. The two monitoring reports prepared cover the
periods extending from October to December 2013 and from January to March 2014.
They contain concrete measures taken by the government in its attempt to
normalize the political situation especially through the implementation of the
national reconciliation and peace-building processes with the confinement of
the armed groups, implementation of the fight against impunity in the
above-mentioned cases. The report also captures the strategies outlined by the
Component to adapt to the post-conflict situation in Mali, particularly its
involvement in the judicial monitoring, the establishment of Observer teams in
Bamako and Mopti, including the establishment of a framework of cooperation
with MINUSMA.

12. Finally, it is important to recall that a
communication strategy has been developed within the MISAHEL which allows the Head of the Component to provide regular
updates on the human rights situation through press conferences. In this
regard, two press conferences were organised; one on 25 October 2013 and the
other on 17 March 2014. During these press conferences, I underscored the need
to consolidate the gains through efforts by the government to continue to deal
with the issue of impunity, restore the authority of the State, tackle national
reconciliation issues, restore basic services, address the security concerns as
a matter of urgency and to undertake far-reaching reforms to end discrimination
and violance perpetrated against women. I also pointed out that any political
decision in Mali must take the rights of victims into account.

13. The consolidated human rights monitoring
report on Mali was presented on 7 April 2014 to the AU Peace and Security
Council, which urged the African Union, among others, to continue to show
commitment to the human rights situation in Mali, closely monitor reported
cases of abuses and assist the Malian government in the process of normalizing
the political situation. Following this
presentation, the Peace and Security Council of the AU, while recognizing the positive
developments in the human rights situation in Mali, expressed its commitment to
continue with the mission in Mali and remain vigilant to the ongoing siuation.

14. In dealing with the human rights situation in
Mali, the Commission has to develop appropriate strategies towards the
implementation of the recommendations contained in the report of the
factfinding mission and the report of the team of human rights observers.

Ø Commemoration
of the 30th anniversary of
the ratification by France of the Convention
on the Elimination of All Forms of Discrimination against Women, 15 - 16
December 2013, Paris

15. This event was organized by the French Ministry
of Women’s Rights in collaboration with the French National Assembly delegation
on women’s rights. The purpose of this meeting was to raise awareness about the
women’s rights promotion and protection instrument and to share experiences with
the various stakeholders and also carry out an analysis of the common
challenges they faced. It was noted that women’s rights and violence against
women difer from country to country eventhough countries have implemented
policies and programmes to promote women’s rights. Work needs to be done at the
level of advocacy and sensitization, particularly among the youth.

Ø Meeting of the Working Group on
Communications, 6 March 2014

16. The Working Group on Communications was
instituted by the Commission by Resolution ACHPR/Res.255 (LIV) 2013, adopted at its 50th Ordinary Session
held in Banjul, the Gambia from 24 October to 5 November 2011. The Group’s
mandate, among others, is to consider Communications at the point of seisure,
admissibility and where necessary, on the merits and make recommendations to
the Commission; inform the African Commission about the status of implementation
of its decisions on Communications; advise the Bureau of the African Commission
on requests for provisional measures made by the parties where necessary, and to
provide advice to the African Commission on the withdrawal or striking out of Communications.

17. The meeting was presided over by
Honourable Commissioner Lucy Asuagbor. During the meeting, the Working Group
considered 11 Communications, six (6) of which were on seisure, three (3) on
admissibility and two (2) requesting the opinion of the Working Group. Based on the exchanges between the Honourable
Comissioners and the legal officers of the Secretariat of the Commission, suggestions
were made to improve the decisions of the Commission.

Ø Participation
in the 15th Extraordinary Session of the African Commision on Human
and Peoples’ Rights, 7 – 14 March 2014

18. In accordance with Article 26 of the Rules
of Procedure, the Commission held its 15th
Extraordinary Session from 7 to 14
March in Banjul, The Gambia. I took part in the Session in my capacity
as a Member of the Commission. Several documents were adopted during the
Session, including the report on the situation of women human rights defenders
in Africa which is being finalised for publication.

Ø Consultative Meeting – ACHPR /GIZ 13-14
March 2014

19. As part of its assistance project to the
Commission, the GIZ organised a meeting from 13 to 14 March 2014 for exchange
of views with the members of the Commission on different aspects of the
procedure for consideration of communications at the Commission. The exchanges
took place with a Group of Experts consisting of Prof. Franz Viljoen, Director
of the ‘Centre for Human Rights’, Charles Moyer, former first Secretary of the
Inter-American Court of Human Rights and Attila Teplan, from the Registry of
the European Court of Human Rights.

20. In the course of the discussions, we
exchanged views on our experiences and good practices from our various human
rights institutions; they include those from the Inter-American and European
Human Rights systems in matters of seisure and withdrawal of role,
admissibility and provisional measures.The issue of difficulties and lapses
encountered in the implementation of the Rules of Procedure of the Commission
was also tackled.

Ø World Health Organisation
Workshop on the strengthening of health standards and human rights for safe
abortion Geneva 1-2 April 2014

21. WHO, in partnership with UNICEF, UNDP and
UNFPA as well as with the special World Bank Programme on Research, Development
and Training for Human Reproduction, organised a two-day workshop from 1 to 2
April 2014 in Geneva, Switzerland, which was attended by members of the major
regional and international human rights protection organisations.

22. The main objective of the workshop was to
deepen the knowledge and understanding of the regional and international human rights protection organisations on
the technical guide published by the WHO entitled Safe Abortion: Technical and Policy
Guidance for Health Systems - 2nd Edition“. This approach aims at encouraging the regular
use of WHO Standards on Safe Abortion as a means of assisting them to
adequately prepare their concluding observations within the context of periodic
reporting by States and their general observations on the issue of abortion.

23. During the workshop, the extent of the
situation of unsafe abortion and the WHO health and policy standards on safe
abortion including the strategies for their incorporation were extensively
highlighted. Furthermore, a discussion was initiated among members of the
different human rights organisations on the shortcomings, challenges and the
alternative approaches to dealing with unsafe abortion within the context of
human riights protection. The discussions also centred on the formulation and
provision of very clear guidelines to the States and other stakeholders
including making available policy and programme managers, indicating their obligations in terms of the
health rights of women, prevention of
unsafe abortion and the provision of healthcare services for medical abortions.

Ø Consultation between UN Human Rights
Council Special Procedures mandate-holders and Special Mechanisms of the African
Commission on Human and Peoples’ Rights on the implementation of the Addis
Ababa Roadmap , 27 April, Luanda, Angola

24. The objective of the meeting was to assess
the achievements and progress made in the implementation of the Addis Ababa
Roadmap during the past two years. The meeting enabled the two mechanisms to
draw lessons from this process and identify areas where the stakeholders need to
make additional efforts. In the course of the deliberations, I was able to
present the various future prospects available to the two bodies through this
collaboration for sustained synergy of their human rights promotion and
protection activities.

II.
ACTIVITIES
CONDUCTED IN MY CAPACITY AS A MEMBER OF THE HUMAN RIGHTS AND HIV/AIDS
COMMITTEE.

III.
ACTIVITIES
IN MY CAPACITY AS A MEMBER OF THE WORKING GROUP ON OLDER PERSONS AND PERSONS
WITH DISABILITIES IN AFRICA

Ø Meeting of the Working Group, 1 and 2
March 2014, Banjul, The Gambia

25. The Working Group met on 1 and
2 March 2014 in Banjul, Gambia prior to the 15th Extraordinary Session
of the Commission. The meeting was attended by 11 persons. I presided over the
deliberations at this meeting in the absence of Honourable Commissioner Yeung Kam John Yeung Sik Yuen, Chairperson
of the Working Group. The meeting was organized following the one held from 9
to 11 December 2013 in Addis Ababa, Ethiopia which was aimed at considering the
first version of the Draft Protocol to the African Charter on Human and
Peoples’ Rights on the Rights of Older Persons in Africa.

26. During the deliberations, the Draft
Protocol was meticulously read and the opinions, additions and comments were
put together. The Group further reviewed the roadmap for the adoption of the Draft
Protocol, and in this regard, proposals were made to improve the document. The
Draft Protocol will be published in the working languages of the African Union
on the website of the Commission for comments and opinions of stakeholders and
the general public. Furthermore,
organisations of people with disabilities shall be consulted as a matter of priority
as part of the preparation of the Draft Protocol. The Group also deemed it appropriate to
design a Work Plan for the finalization of the above-mentioned Protocol. The
next meeting of the Group was scheduled for October 2014. A press release
informing the general public about the substance of the deliberations at the
meeting was published on the website of the Commission.

ACTIVITIES OF THE SPECIAL RAPPORTEUR ON HUMAN RIGHTS DEFENDERS
IN AFRICA

27. From November 2013 to April 2014, the
Special Rapporteur undertook human rights promotion and protection activities
in accordance with Article 45 of the African Charter and by Resolution ACHPR/ Res.248 (LIV) of 5 November 2013 entrusting her with this
responsibility. The activities undertaken by the Special Rapporteur on
the situation of human rights defenders in Africa is presented as follows :

I.
PROMOTION
ACTIVITIES

28. During the period under review, the
Special Rapporteur organised and took part in the following events.

Ø AJPD Workshop from 12 to 13 November 2013,
Angola

29. This
Workshop was attended by close to 40 persons, especially representatives of
civil society organisations, Government institutions, the Office of the Ombudsman,
Parliament and international organisations. The purpose of the meeting was to
train the various stakeholders to appreciate the African human rights promotion
and protection system and more specifically the Special Mechanisms. In this regard, I made a presentation on the African Commission on Human and Peoples’
Rights and on the Mechanism of the
Special Rapporteur on Human Rights Defenders in Africa. Various recommendations
were made to the different stakeholders.

Ø Meeting
of the Study Group on Freedom of Assembly in Africa, Accra, Ghana 19 to 21 March 2014

30. The African Commission on Human and Peoples’
Rights in collaboration with the International Center For Not-for-Profit Law and
the Human Rights Defenders Project in the East and Horn of Africa organised the
third meeting of the Study Group on the Freedom of Association in Africa in
Accra, Ghana from 19 to 21 March 2014. This meeting was organized in accordance
with Resolution ACHPR Res.151(XLVI) 09 on the need to carry out a
study on the freedom of association in Africa. At this meeting, a human rights
defense group was established to carry out a study on the laws governing
freedom of association in Africa and on the practices which violate these laws
and also prepare a Resolution ACHPR/Res.261 (LIV) 13 extending the deadline
for the said study to October 2014.

31. Under the supervision of the special
Rapporteur on Human Rights Defenders in Africa, the meeting brought together
representatives of sub-regional human rights defense networks in Africa and
some resource persons. The purpose of
the meeting was to finalise and validate the report on the freedom of
association and peaceful assembly in Africa and also consider the Draft
Guidelines on freedom of association and peaceful assembly in Africa.

32. During
the three-day meeting, the Members of the Study Group reviewed the draft report
and contributed to its improvement in both substance and form through comments
and observations. The resource persons assisted in identifying specific areas
that needed to be deepened, and provided an in-depth analysis of certain
aspects of the report.

33. In the light of the objectives of the
meeting, the Study Group provided a strategic framework for the formulation of
Guidelines on the freedom of association and peaceful assembly in Africa. In
this respect, the members of the Study Group agreed that a first draft of the
Guidelines will be presented during the Non-Governmental Organisations Forum to
be held on the sidelines of the 55th Ordinary Session of the Commission in
Luanda, Angola. This approach will enable observations and comments to be
obtained from civil society on the approach adopted by the Study Group. This Consultation
at the civil society level will be followed by the Experts’ meeting to be held
in June 2014. The document will then be presented to the Commission for adoption
at the 56th Ordinary Session scheduled for October 2014. These
guidelines establish a protection threshold in order to avoid disparities in
guaranteeing these rights and will serve as a guide to the States in the implementation
of the freedom of association and peaceful assembly. The report on the freedom
of association and peaceful assembly in Africa will be submitted to the
Commission for adoption at the 55th Ordinary Session.

34. Though the Special Rapporteur could not
personally take part in this event, she made her presentation available to the
organisers. It was entitled ‘’Protection mechanisms and legal
and operational environment for human rights defenders in Africa from the
perspective of the African Commission on Human and Peoples’ Rights’’

Ø Publication of the 9th Edition of the Newsletter ‘’The Newsletter
of the Rapporteur’’

35. The Special Rapporteur
continued with the publication of the Letter of the Rapporteur by publishing
the 9th Edition on the theme: “Defending Human Rights Defenders”.
This theme is a repetition of the
theme for the Eight (8) Edition and the
emphasis is based on the relevance of ensuring that HRDs are given adequate protection as they contribute to the mission
of promoting and protecting human rights to the peril of their lives. The instruments
available to the Special Rapporteur to address this situation are very limited
but they consist especially of dialogue with the States and cooperation with
the HRDs. The absence of monitoring by the States and the lack of resources for
the rights defenders constitute serious obstacles for the effectiveness of the
mechanism in spite of our efforts and willingness.

Ø Consultative Workshop of the Study Group
on Freedom of Association and Assembly, 27 April 2014, Luanda, Angola

36. The Study Group on freedom of association
and assembly in Africa was established by Resolution ACHPR/Res.151 (XLVI) 09 with the mandate to conduct a study on the
freedom of association in Africa. In the light of the analysis carried out by
the Study Group and the different results emerging from the study, the Group
started drafting the Guidelines on freedom of association and assembly to
provide the stakeholders with the principles that could guide them in the
effective implementation of these rights. They establish the protection
threshold for these rights.

37. The meeting of the study group was
intended to obtain comments and observations from civil society organisations
collaborating with the Commission on the Draft Guidelines. The purpose was also
to ensure the participation of civil society stakeholders in the preparation of
the above-mentioned document.

38. Following the deliberations of the working
group, the participants were able to identify the strengths and weaknesses of
the Guidelines. A meeting of Experts will be organized in June 2014 for the
finalization of the said document during a High Level Workshop to be held in
September 2014 as part of the cooperation between the European Union and the
African Union.

II.
PROTECTION
ACTIVITIES

38. During the period under review, several
cases of human rights violations against rights activists were referred to the
Special Rapporteur. She used several approaches to handle these cases,
especially by means of Communications and press releases.

Ø Communications

39. During the intersession, the Special Rapporteur had a dialogue
with four (4) States on allegations referred to her in respect of violations
perpetrated against human rights defenders. They are the Democratic Republic of
Congo (4), Somalia (1), Senegal (1) and Sudan (3).

41. During the period under review, six (6)
press releases on the situation of human rights defenders in some countries and
specific cases of violations of the rights of some human rights defenders were
published. They include the following :

- Press release of the Special Rapporteur on Freedom of Expression and Access to Information
in Africa and the Special Rapporteur on Human Rights Defenders in Africa on the
arrest of Mr. Thulani Rudolf Maseko and Mr. Bheki Makhubu of 28 March 2014 (http://www.achpr.org/fr/press/2014/03/d197/)

ANALYSIS OF THE SITUATION OF
HUMAN RIGHTS DEFENDERS

42. The Special Rapporteur on Human Rights Defenders in Africa notes
that the situation of HRDs did not improve during the intersession. In spite of the efforts made in the area of
awareness-raising among States on the importance of their work, human rights
defenders continue to be victims of extrajudicial killings and enforced
disappearances, assaults, threats and harassments, defamation campaigns and unjustified
legal action. Furthermore, it has been observed that
restrictive laws are resurfacing with regard to the activities of human rights
defenders. These cases apply, among others, to Nigeria, Uganda and Benin. The human rights defenders are also
confronted with judicial harassment at the instance of the authorities, a
specific case in point being that of Mr. Thulani Rudolf Maseko and Mr. Bheki Makhubu
of Swaziland. Furthermore, it has also been noted that the situation of human
rights defenders is worsening as they are faced with risks of gender-specific discriminations
like the case in Egypt.

43. The increase in cases of
violations and the constant practices criminalizing the activities of human
rights defenders are more alarming for my mechanism and justify the information
and dialogue with States in the same way as awareness-raising campaigns
directed at civil society and other non–State actors. The adoption of the
report on the situation of human rights defenders in Africa and the impending
one on the Study on Freedom of Association and Peaceful Assembly in Africa will
provide the various stakeholders with the necessary tools for ensuring respect
for the rights of human rights defenders.

44. The level of cooperation between States and the Special Rapporteur
on the situation of human rights defenders remains low, eventhough during the
period under review the Special Rapporteur noted with satisfaction the answers
provided by Cameroon and Senegal regarding the two Communications submitted by
the mechanism. The Special Rapporteur
would like such cooperation to be total, comprehensive and representative of all
the State Parties to the African Charter on Human and Peoples’ Rights. The
absence or lack of cooperation between State Parties and the mechanism
necessarily undermines the effectiveness of the mechanism and does not ensure
an effective and efficient protection of human rights defenders in Africa.

45. There
is also the issue of cooperation between UN and African mechanisms, in
particular the Commission. Several human rights defenders are victims of
retaliation as a result of their activities and for collaborating with the
African human rights promotion and protection system. This has been the case of
Ethiopian journalists and bloggers, members of the “Zone 9” Group, who were
arrested on 25 April 2014. Those arrested include Tesfalem Waldyes, Edom
Kassaye, Asmamaw Hailegeorgis, Atnaf Berahane, Befekadu Hailu, Natnael Feleke,
Mahlet Fantahun, Zelalem Kiberet and Abel Wabela.

46. In conclusion, human rights
promotion and protection activities are carried out in a difficult environment
and the challenges faced in the implementation of my mandate are daunting. Nevertheless, the mechanism notes that
there is commitment by human rights defenders to work together and to work with
State Parties, as well as to support the work of the mechanism.

II. Recommendations

47. In the light of the analysis of the situation of human rights defenders
presented above and the conclusions drawn from them, I recommend the following:

State Parties

·Refrain from all practices that contribute to the violation of the
rights of human rights defenders;

·Cooperate effectively with the mechanism of the Special Rapporteur
on Human Rights Defenders in Africa, particularly by replying to communications
and notes verbales sent to them;

·Implement their regional and international human rights
obligations as a means of giving effect to the rights of human rights defenders;

Civil society organisations

·Increase opportunities for cooperation with the mechanism of the
Special Rapporteur on Human Rights Defenders in Africa;

·Support States in implementing their human rights obligations through
constructive dialogue;

·Coordinate their activities to make it an instrument for the
promotion and protection of human rights.

Various
partners

·Continue
to support the mechanism of the Special
Rapporteur, particularly by promoting it
and supporting the implementation of the action plan;

·Continue
to support human rights defenders financially, technically and materially to
facilitate their human rights promotion and protection activities in Africa.